Philosophy of Law(HUK198)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK198 | Philosophy of Law | 2 | 2 | 0 | 0 | 2 | 3 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Compulsory |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Zeynep Özlem ÜSKÜL ENGİN zeynepuskul@yahoo.com (Email) Bengisu MERT bmert@gsu.edu.tr (Email) |
| Assistant | |
| Objective |
1- Students will start the key question: what are the core values, above and beyond all legal system, that law exist to realize them? 2- In order to go further and improve their answer, students will review the history of philosophy of law, especially focus on some miles stone of this history just as ancient Greek, Hellenistic, Scholastic, Islamic, modern and postmodern. 3- Students will review and find out the links among major philosophical theories of law and fundaments of our legal system. 4- As a crucial point, students can differentiate ‘legal states’ which have a lot of legal regulations just as acts, bylaws etc. and Rule of Law or Constitutional States which every institutions and officers of the State subject to legal reviews. |
| Content | This course will introduce students to the fundamental components of legal theory and philosophy of law. Differences, intersections and debates between various theories will be analyzed |
| Course Learning Outcomes |
Student; 1. Lists the concepts and institutions related to the philosophy of law and the relations between these concepts and institutions. 2. To be aware of human rights, legal principles and principles, relevant legal regulations, judicial decisions, their development and scientific evaluations related to them, which are under the scrutiny of the philosophy of law. 3. Identifies the relationship between law and justice and monitors, analyzes, interprets, evaluates and criticizes legislative texts, judicial decisions and scientific sources with the methods provided by legal methodology and from a philosophical perspective. 4. Lists the problems encountered in the application of justice, e.g. equity and basic principles of law. 5. Tries to find solutions on how fair legal norms can be organized and made effective. 6. Follows the information in the field of law and communicates with colleagues by using a foreign language at least at the European Language Portfolio B1 General Level. 7. Defends and protects the character of the Republic of Turkey as a democratic, secular and social state of law based on the fundamental principles set forth at the beginning of the Constitution, respectful to human rights, loyal to Atatürk's nationalism, within the peace of society, national solidarity and sense of justice. 8. Has the honesty, justice and ethics required by being a lawyer. 9. Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to comprehend the impact of judicial decisions on society, to follow legal regulations and to take part in the judicial process within this framework. 10. Has internalized the universal principles of law; to have the competence to perceive and solve legal problems in terms of the law that is and the law that should be. 11. Analyzes very well which values any legal system should preserve in order to protect the rights of its citizens. 12. Evaluates, compares and contrasts existing theories of philosophy of law and their impact on contemporary legal concepts. |
| Teaching and Learning Methods | examination, interactive participation |
| References |
ÜSKÜL ENGİN, Zeynep Özlem, Bireyciliğe Tarihsel Bakış, Büke Yayınları, İstanbul, 2003. ÖKTEM, Niyazi; TÜRKBAĞ, Ahmet Ulvi, Felsefe, Sosyoloji, Hukuk ve Devlet, 7. Baskı, Der Kitabevi Yayınevi, İstanbul, 2017. DWORKIN, R., Hakları Ciddiye Almak, (Çev. Ahmet Ulvi Türkbağ), Dost Yayınları, Ankara, 2007. FULLER, L., Hukukun Ahlakı, (Çev. Engin Arıkan), Tekin Yayınevi, İstanbul, 2016. AUSTİN, John, Hukukun Belirlenmiş Alanı, (Çev. Ülker Yükselbaba & Saim Üye & Umut Koloş), Tekin Yayınevi, İstanbul, 2015. Articles ÜSKÜL ENGİN, Zeynep Özlem, "Olan Hukuk-Olmayan Hukuk", HFSA 23, İstanbul Barosu Yayınları, 2012, s. 150-164. ÜSKÜL, Zeynep Özlem, "Ortaçağ'da Teologların Akılla Buluşmasının Bir Örneği: St. Thomas D'Aquin", Prof. Dr. Necip Kocayusufpaşaoğlu için Armağan, Ankara, Seçkin Yayınları, 2004, s.759-784. TÜRKBAĞ, Ahmet Ulvi, “Descartes’in Üç Rüyası”, İstanbul Üniversitesi Hukuk Fakültesi Mecmuası, Cilt 55, Sayı 4, 1997, s. 25-43. TÜRKBAĞ, Ahmet Ulvi, “Immanuel Kant’ta Özgürlük, Ahlak, Hukuk ve Devlet”, Hukuk Felsefesi ve Sosyolojisi Arkivi, 2. Sayı, Şubat 1995, s. 71-80. TÜRKBAĞ, Ahmet Ulvi, “Hart-Dworkin Tartışmasının Ana Hatları”, Anayasa Yargısı, 27. Sayı, Haziran 2011, s. 71-82. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | What is philosophy? |
| 2 | Philosophy as a base of law, Main philosophical perspectives |
| 3 | The relationship between law and other social norms |
| 4 | Fundamental Schools of philosophy of law |
| 5 | Natural Law and Natural Rights |
| 6 | Justice and Fairness, different kinds of justice |
| 7 | Freedom as a criterion of legitimacy in a legal systems |
| 8 | Short History of Natural law |
| 9 | Legal Positivism: Austin and Kelsen |
| 10 | Normativism: Kelsen, American Legal Realism |
| 11 | Current debate in philosophy of law: Hart, Fuller and Dworkin |
| 12 | Critical Legal Studies and Feminist Jurisprudence |
| 13 | Law and Economics, Postmodernism and Law |
| 14 | Philosophy and current issues |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 40 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Toplam | 1 | 40 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing fundamental legal concepts, defining, interpreting and using them. | X | ||||
| 2 | Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. | X | ||||
| 3 | Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. | X | ||||
| 4 | Being able to determine, identify and restate legal problems. | X | ||||
| 5 | Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. | X | ||||
| 6 | Being able to conduct academic researches on legal problems and to propose solutions. | X | ||||
| 7 | Assuming responsibility individually or collectively for resolving complicated legal problems. | X | ||||
| 8 | Being able to criticise positive norms of the law system. | X | ||||
| 9 | Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner. | X | ||||
| 10 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals. | X | ||||
| 11 | Being able to conduct comparative academic researches between different law systems. | X | ||||
| 12 | Respecting human rights and universal principals and notions of law. | X | ||||
| 13 | Respecting the ethical standarts, good faith, fairness and equity principals. | X | ||||
| 14 | Being sensitive to social problems, democracy, laicism and rule of law principal. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 10 | 2 | 20 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 8 | 8 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 10 | 10 |
| Quiz | 0 | 0 | 0 |
| Term Paper/ Project | 0 | 0 | 0 |
| Portfolio Study | 0 | 0 | 0 |
| Reports | 0 | 0 | 0 |
| Learning Diary | 0 | 0 | 0 |
| Thesis/ Project | 0 | 0 | 0 |
| Seminar | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| Total Workload | 66 | ||
| Total Workload / 25 | 2.64 | ||
| Credits ECTS | 3 | ||